Statement of Principles concerning deep vein thrombosis (Balance of Probabilities) (No. 36 of 2021)

Statement of Principles concerning deep vein thrombosis (Balance of Probabilities) (No. 36 of 2021)

made under subsection 196B(3) of the

Veterans' Entitlements Act 1986

Compilation No. 1  

Compilation date:   19 September 2022

Includes amendments up to: Veterans' Entitlements (Statements of Principles—definition of "one pack-year") Amendment Determination 2022 (No. 94 of 2022) (F2022L01128)

The day of commencement of this Amendment Determination is 19 September 2022.

About this compilation

This compilation

This is a compilation of the Statement of Principles concerning deep vein thrombosis (Balance of Probabilities) (No. 36 of 2021) that shows the text of the law as amended and in force on 19 September 2022.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name

3 Authority

5 Application

6 Definitions

7 Kind of injury, disease or death to which this Statement of Principles relates

8 Basis for determining the factors

9 Factors that must exist

10 Relationship to service

11 Factors referring to an injury or disease covered by another Statement of Principles

Schedule 1 - Dictionary

1 Definitions

Endnotes

Endnote 1—About the endnotes..........................................

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1               Name

This is the Statement of Principles concerning deep vein thrombosis (Balance of Probabilities) (No. 36 of 2021).

3               Authority

This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.

5               Application

This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.

6               Definitions

The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.

7               Kind of injury, disease or death to which this Statement of Principles relates

(1)          This Statement of Principles is about deep vein thrombosis and death from deep vein thrombosis.

Meaning of deep vein thrombosis

(2)          For the purposes of this Statement of Principles, deep vein thrombosis:

(a)          means formation of a blood clot within the deep venous system; and

(b)          excludes thrombosis of the:

(i)            retinal veins;

(ii)         cerebral veins;

(iii)       pulmonary veins;

(iv)        hepatic vein;

(v)          renal veins;

(vi)        portal vein; and

(vii)     mesenteric veins.

Death from deep vein thrombosis

(3)          For the purposes of this Statement of Principles, deep vein thrombosis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's deep vein thrombosis.

Note: terminal event is defined in the Schedule 1 - Dictionary.

8               Basis for determining the factors

On the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that deep vein thrombosis and death from deep vein thrombosis can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.

Note: MRCA, relevant service and VEA are defined in the Schedule 1 - Dictionary.

9               Factors that must exist

At least one of the following factors must exist before it can be said that, on the balance of probabilities, deep vein thrombosis or death from deep vein thrombosis is connected with the circumstances of a person's relevant service:

(1)          having superficial vein thrombosis within the six months before the clinical onset of deep vein thrombosis;

(2)          having external compression of the affected vein or a vein draining the affected vein, at the time of the clinical onset of deep vein thrombosis;

Note: external compression of the affected vein or a vein draining the affected vein is defined in the Schedule 1 - Dictionary.

(3)          having an infection involving the affected vein at the time of the clinical onset of deep vein thrombosis;

(4)          for deep vein thrombosis in an upper limb only, engagement in exercise of the affected upper limb within the seven days before the clinical onset of deep vein thrombosis;

Note: exercise of the affected upper limb is defined in the Schedule 1 - Dictionary.

(5)          having acute myocardial infarction within the three months before the clinical onset of deep vein thrombosis;

(6)          having heart failure at the time of the clinical onset of deep vein thrombosis;

(7)          having a malignant neoplasm at the time of the clinical onset of deep vein thrombosis;

(8)          having an aneurysm of the affected vein at the time of the clinical onset of deep vein thrombosis;

(9)          being overweight or obese at the time of the clinical onset of deep vein thrombosis;

Note: being overweight or obese is defined in the Schedule 1 - Dictionary.

(10)      having sleep apnoea at the time of the clinical onset of deep vein thrombosis;

(11)      being pregnant within the three months before the clinical onset of deep vein thrombosis;

(12)      having infection with human immunodeficiency virus or hepatitis C virus at the time of the clinical onset of deep vein thrombosis;

(13)      having infection with severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) within the three months before the clinical onset of deep vein thrombosis;

Note: SARS-CoV-2 is the virus which causes coronavirus disease 2019 (COVID-19).

(14)      having an autoimmune disease at the time of the clinical onset of deep vein thrombosis;

Note: Examples of autoimmune diseases that may cause deep vein thrombosis include rheumatoid arthritis, polymyositis and Sjögren syndrome.

(15)      having diabetes mellitus at the time of the clinical onset of deep vein thrombosis;

(16)      having a hypercoagulable state as specified at the time of the clinical onset of deep vein thrombosis;

Note: hypercoagulable state as specified is defined in the Schedule 1 - Dictionary.

(17)      having a kidney disease from the specified list of kidney diseases at the time of the clinical onset of deep vein thrombosis;

Note: specified list of kidney diseases is defined in the Schedule 1 - Dictionary.

(18)      having a device implanted within the affected vein for a continuous period of at least 24 hours within the three months before the clinical onset of deep vein thrombosis;

Note: Examples of implanted devices include a central venous catheter, an indwelling cardiac pacemaker and defibrillator leads.

(19)      having surgery requiring a general, spinal or epidural anaesthetic within the six months before the clinical onset of deep vein thrombosis;

(20)      having an injury or illness as specified within the three months before the clinical onset of deep vein thrombosis;

Note: injury or illness as specified is defined in the Schedule 1 - Dictionary.

(21)      having restricted mobility for a continuous period of at least four hours within the four weeks before the clinical onset of deep vein thrombosis;

Note: Examples of situations in which restricted mobility can occur include travel by road, rail or air and physical restraint.

(22)      having a neurological disease that causes loss or impairment of motor function of a limb within the three months before the clinical onset of deep vein thrombosis;

Note: Examples of neurological diseases that cause loss or impairment of motor function of a limb include cerebrovascular accident, multiple sclerosis and motor neurone disease.

(23)      taking a drug from the specified list of drugs within the three months before the clinical onset of deep vein thrombosis;

Note: specified list of drugs is defined in the Schedule 1 - Dictionary.

(24)      taking combined estrogen-progestogen contraception or taking menopausal hormone therapy as an oral estrogen, or a non-oral estrogen combined with a progestogen, for a continuous period of at least four weeks, within the three months before the clinical onset of deep vein thrombosis;

Note: menopausal hormone therapy is defined in the Schedule 1 - Dictionary.

(25)      having smoked tobacco products:

(a)          in an amount of at least one pack-year before the clinical onset of deep vein thrombosis; or

(b)          in an amount of at least 10 cigarettes per day, or the equivalent thereof in other tobacco products, for a period of at least three months before the clinical onset of deep vein thrombosis; and

if smoking has ceased before the clinical onset of deep vein thrombosis, then that onset occurred within six months of cessation;

Note: cigarettes per day, or the equivalent thereof in other tobacco products and one pack-year are defined in the Schedule 1 - Dictionary.

(26)      being at an altitude of at least 3,000 metres for a continuous period of at least five days within the three months before the clinical onset of deep vein thrombosis;

(27)      inability to obtain appropriate clinical management for deep vein thrombosis.

10           Relationship to service

(1)          The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.

(2)          The factor set out in subsection 9(27) applies only to material contribution to, or aggravation of, deep vein thrombosis where the person's deep vein thrombosis was suffered or contracted before or during (but did not arise out of) the person's relevant service.

11           Factors referring to an injury or disease covered by another Statement of Principles

In this Statement of Principles:

(1)          if a factor referred to in section 9 applies in relation to a person; and

(2)          that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA;

then the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.

Schedule 1 - Dictionary  

Note: See Section 6

1               Definitions

In this instrument:

                             abnormality of kidney structure or function means:

(a)          having a glomerular filtration rate of less than 60 mL/min/1.73 m2; or

(b)          having kidney damage, as evidenced by renal biopsy, imaging studies, albuminuria, urinary sediment abnormalities or other markers of abnormal renal function; or

(c)          having had a kidney transplant.

                             acute kidney injury means:

(a)          having an increase in serum creatinine of at least 26.5 mol/L within a period of 48 hours; or

(b)          having an increase in serum creatinine of at least 1.5 times baseline levels, which has occurred within the previous seven days; or

(c)          having a urine volume of less than 0.5 mL/kg/h for six hours.

                             being overweight or obese means having a Body Mass Index (BMI) of 25 or greater.

Note: BMI is also defined in the Schedule 1 - Dictionary.

                             BMI means W/H2 where:

(a)          W is the person's weight in kilograms; and

(b)          H is the person's height in metres.

                             chronic kidney disease means an abnormality of kidney structure or function that has been present for at least three months.

Note: abnormality of kidney structure or function is also defined in the Schedule 1 - Dictionary.

                             cigarettes per day, or the equivalent thereof in other tobacco products means either:

(a)          cigarettes, pipe tobacco or cigars, alone or in any combination, where one tailor-made cigarette approximates one gram of tobacco; or

(b)          one gram of cigar, pipe or other smoking tobacco.

                             deep vein thrombosis—see subsection 7(2).

                             exercise of the affected upper limb means strenuous, repetitive activity involving abduction of the shoulder or arm of the affected upper limb.

Note: Examples of activities that involve abduction of the shoulder or arm include weight lifting, swimming, rowing and wrestling.

                             external compression of the affected vein or a vein draining the affected vein means an endogenous or exogenous structure that compresses, occludes, displaces or infiltrates the affected vein or a vein draining the affected vein.

Note: Examples of structures that can cause external compression of a vein include an anatomical abnormality of the thoracic outlet, an arterial aneurysm and a pneumatic tourniquet.

                             hypercoagulable state as specified means:

(a)          antiphospholipid antibody syndrome;

(b)          cirrhosis of the liver;

(c)          Cushing syndrome;

(d)          disseminated intravascular coagulation;

(e)          heparin-induced thrombocytopaenia;

(f)           hyperthyroidism and thyrotoxicosis;

(g)          hypothyroidism;

(h)          inability to access anticoagulant treatment for an existing coagulation disorder;

(i)            thrombocytosis; or

(j)            venom-induced thrombosis.

                             injury or illness as specified means:

(a)          a limb, pelvic, rib or spinal fracture;

(b)          a moderate to severe traumatic brain injury;

(c)          a physical injury or illness requiring mechanical ventilation support or admission to an intensive care unit;

(d)          a spinal cord injury;

(e)          a tear, rupture or avulsion of a muscle, tendon or ligament in the lower limb;

(f)           a traumatic upper or lower limb amputation;

(g)          an injury requiring immobilisation of an upper or lower limb in a plaster cast or similar restraining or bracing device; or

(h)          any other injury or illness that causes significantly reduced mobility.

Note: traumatic upper or lower limb amputation is also defined in the Schedule 1 - Dictionary.

                             menopausal hormone therapy means administration of estrogen preparations, often in combination with a progestogen, to offset a hormone deficiency following surgically induced or naturally occurring menopause.

                             MRCA means the Military Rehabilitation and Compensation Act 2004.

                               one pack-year means the amount of tobacco consumed in smoking 20 cigarettes per day for a period of 1 year, or an equivalent amount of tobacco products.

Note 1: An equivalent amount of tobacco products is 7,300 grams of smoking tobacco by weight, either in cigarettes, pipe tobacco or cigars, or a combination of same. For pipe tobacco, cigars or combinations of multiple tobacco types, 1 gram of tobacco is considered to be equal to one cigarette.

Note 2: Pack-years are calculated by dividing the number of cigarettes smoked per day by 20 and multiplying this number by the number of years the person has smoked. For example, smoking 10 cigarettes per day for 10 years is equal to 5 pack-years, and smoking 40 cigarettes per day for 10 years is equal to 20 pack-years.

                             relevant service means:

(a)          eligible war service (other than operational service) under the VEA;

(b)          defence service (other than hazardous service and British nuclear test defence service) under the VEA; or

(c)          peacetime service under the MRCA.

Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.

                             specified list of drugs means:

(a)          anti-psychotic drugs;

(b)          chemotherapy for a malignant disease;

(c)          erythropoiesis-stimulating agents (including erythropoietin and darbepoietin);

(d)          intravenous thrombin or fibrin sealant;

(e)          lenalidomide;

(f)           selective estrogen receptor modulators (including tamoxifen); or

(g)          thalidomide.

                             specified list of kidney diseases means:

(a)          acute kidney injury;

(b)          chronic kidney disease; or

(c)          nephrotic syndrome.

Note: acute kidney injury and chronic kidney disease are also defined in the Schedule 1 - Dictionary.

                             terminal event means the proximate or ultimate cause of death and includes the following:

(a)           pneumonia;

(b)           respiratory failure;

(c)           cardiac arrest;

(d)           circulatory failure; or

(e)           cessation of brain function.

                             traumatic upper or lower limb amputation means loss of an upper or lower limb as a result of an accidental injury, including blast injury.

                             VEA means the Veterans' Entitlements Act 1986.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history